AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that the powers of the Hidalgo County Water Control and Improvement District No. 18 (district) need to be expanded to include certain road projects. H.B. 3220 seeks to address this and other issues related to the district.

 

H.B. 3220 amends the Special District Local Laws Code to establish provisions relating to the Hidalgo County Water Control and Improvement District No. 18 to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, authority for road projects, road standards and requirements, and district participation in water conservation projects. The bill establishes that the district's powers and duties include, subject to certain requirements, the authorization to issue obligations and impose property taxes and that the district retains all rights, powers, privileges, authority, duties, and functions that it had before the bill's effective date. The bill provides for the validation and confirmation of certain district actions and proceedings taken before the bill's effective date.

 

H.B. 3220 amends current law relating to the powers and duties of the Hidalgo County Water Control and Improvement District No. 18, provides authority to issue bonds, and provides authority to impose fees and taxes.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subtitle I, Title 6, Special District Local Laws Code, by adding Chapter 9067, as follows:

 

CHAPTER 9067. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 18

 

Sets forth standard language relating to the Hidalgo County Water Control and Improvement district No. 18 (district) in Hidalgo County. Sets forth standards, procedures, requirements, and criteria for:

 

General provisions, including the nature and purposes of the district (Sections 9067.001 and 9067.002);

 

Powers and duties of the district (Sections 9067.051-9067.055); and

 

General financial provisions, including authority to issue bonds and other obligations for road projects, and taxes for bonds (Sections 9067.101 and 9067.102).

 

SECTION 2. Provides that the district retains all the rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.

 

SECTION 3. (a) Provides that the legislature validates and confirms all acts and proceedings of the district that were taken before the effective date of this Act.

 

(b) Provides that Subsection (a) of this section does not apply to any matter that on the effective date of this Act:

 

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court; or

 

(2) has been held invalid by a final judgment of a court.

 

SECTION 4. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 5. Effective date: upon passage or September 1, 2015.